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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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9-13   PROBLEM PROPERTIES TASK FORCE.
9-13.1   Establishing a Problem Properties Task Force.
   There is hereby established in the Mayor’s Office an advisory panel to be known as the Problem Properties Task Force, the members of which shall meet and share information concerning various properties in the city as more fully outlined herein. The panel shall advise the Mayor, or his or her designee, of the actions taken by various City Departments and public Agencies to address problems associated with such property and each member of the panel may use the information about such property in order to better enforce the laws, ordinances, codes or regulations that fall within such member’s jurisdiction.
   (A)   The Task Force shall be chaired by a member of the Mayor’s staff who shall have the full confidence of the Mayor, and shall be housed in a Department of the Mayor’s Office as the Mayor shall, from time to time, designate.
   (B)   Members of the Task Force shall be:
      (1)   The Police Commissioner;
      (2)   The Fire Commissioner;
      (3)   The Commissioner of Inspectional Services;
      (4)   Director of the Office of Neighborhood Services;
      (5)   Director of Neighborhood Develop- ment;
      (6)   The Chief Administrator of the Boston Housing Authority;
      (7)   The Chief of the Fair Housing Division;
      (8)   The Commissioner of Public Health;
      (9)   The Collector-Treasurer;
      (10)   The Director of the Air Pollution Control; and
      (11)   Commission The Corporation Counsel
   (C)   The Task Force shall have regular monthly meetings in City Hall and may meet at other locations in the city. Emergency meetings shall be held at the call of the Chair.
   (D)   Upon the effective date of this Section, each member of the Task Force shall make a diligent search of the records of his or her Department and gather all records of multiple calls from the public concerning specific addresses in the last 12-month period. Such records shall be forwarded to the Chair, or his or her designee, who shall establish master files for each address forwarded containing all records concerning that address. Such files may be kept in electronic form. Notwithstanding the forgoing, the Police Commissioner shall not forward any record that is part of a criminal investigation.
   (E)   A PROBLEM PROPERTY shall be defined as:
      (1)   Any property to which the Boston Police Department has been dispatched or caused to respond not fewer than four times within the preceding 12-month period for any incident involving any criminal offense including, but not limited to, disturbing the peace, trespassing, underage drinking or assault or violation of any city ordinance involving unreasonable or excessive noise;
      (2)   Any property concerning which the Air Pollution Control Commission has received not fewer than four complaints for noise within the preceding 12-month period;
      (3)   Any property that the Inspectional Services Department or the Public Health Commission has received not fewer than four complaints within the preceding 12-month period for noxious, noisome or unsanitary conditions; or
      (4)   The Boston Fire Department has received not fewer than four sustained complaints within the preceding 12-month period for dangerous and hazardous conditions. Provided, however, that the designation of a property as a problem property shall be made by the Chair taking into consideration the nature of the complaints, the number of dwelling units at the property and the nature of the property.
   (F)   Upon review of each file, the members of the Task Force may determine that a particular property warrants heightened scrutiny by the Agency or Agencies that they head.
      (1)   In the case of properties in or around which recurring criminal activity has occurred in the preceding 12 months, the Boston Police Commissioner shall consider the appropriate Police action to protect the health, safety and welfare of the inhabitants of the property and the public and all other enforcement actions permitted by law.
      (2)   In the case of properties which have had multiple building and/or sanitary code violations in the preceding 12 months, the Inspectional Services Commissioner and the Executive Director of the Public Health Commission shall, as appropriate, consider whether to expedite code enforcement proceedings and all other enforcement actions permitted by law.
      (3)   In the case of properties which have had recurring violations of noise regulations in the preceding 12 months, the Executive Director of the Air Pollution Control Commission shall coordinate with the Law Department to institute proceedings for injunctive relief.
      (4)   In the case of properties which have had multiple fire code violations in the preceding 12 months, the Fire Department Commissioner shall, as appropriate, consider any action necessary to protect the public from all dangerous and hazardous conditions and other enforcement actions permitted by law.
      (5)   Properties that meet the definition of a problem property set forth in division (E) above are subject to designation as “problem properties”.
   (G)   The Chair of the Task Force shall perform such duties as may be prescribed by ordinance, including notifying a property owner of the designation of his or her property as a problem property, and notifying a property owner of the intention to impose charges to recover the cost of public safety expenses related to that property.
   (H)   The Corporation Counsel shall commence foreclosure proceedings for any such property described above in division (F) above which has delinquent real estate taxes.
   (I)   The Chair of the Task Force shall issue a quarterly report to the Mayor and Boston City Council on the actions undertaken by the Agencies represented by its members on problem properties.
(CBC 1985 9-13.1; Ord. 2013 c. 8)
9-14   SHORT-TERM RESIDENTIAL RENTALS.
9-14.1   Purpose.
   The purpose of this Section is to provide a process through which certain dwelling units may be registered with the city for use as short-term rental units under the stipulations laid out within the ordinance.
(CBC 1985 9-14.1; Ord. 2018 c. 5 § 1)
9-14.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOOKING AGENT. Any person or entity that facilitates reservations or collects payment for a short-term rental on behalf of or for an operator.
   CODE. Boston Zoning Code.
   COMMISSIONER. Commissioner of the Inspectional Services Department or a designee.
   DND. The City Department of Neighborhood Development
   DoIT. The City Department of Innovation and Technology
   HOME SHARE UNIT. A residential unit offered as a short-term rental that is the operator’s primary residence. Occupancy shall be limited to five bedrooms or ten guests in a HOME SHARE UNIT, whichever is less.
   INELIGIBLE UNITS LIST. A list maintained by the city of residential units deemed ineligible for use as short-term rental units subject to the provisions of Subsection 9-14.4(A).
   ISD. The City Inspectional Services Department.
   LIMITED SHARE UNIT. A residential unit that is the operator’s primary residence, a portion of which is offered as a short-term rental while the operator is present. Occupancy shall be limited to three bedrooms or six guests in a LIMITED SHARE UNIT, whichever is less. One bedroom must be reserved for the operator.
   OPERATOR. A natural person who is the owner of the residential unit that he or she seeks to offer as a short-term rental. Only one owner may be registered as an OPERATOR on the short-term rental registry for a residential unit, and it shall be unlawful for any other person, even if that person is an owner and meets the qualifications of primary resident, to offer a residential unit for short-term residential rental.
   OWNER-ADJACENT UNIT. A residential unit offered as a short-term rental that is not the owner’s primary residence but that is located within the same dwelling as the primary residence of, and is owned by, said owner; provided that, OWNER-ADJACENT UNITS used as short-term rentals shall only be allowed in two-family or three-family dwellings where all units are owned by the same unique owner-occupant who serves as the operator; provided further that, for the purposes of owner-occupied three-family residential dwellings, in addition to the unit in which they reside and use as a home share or limited share unit, an operator of an owner-adjacent unit may only register and use one owner-adjacent unit as a short-term rental.
   PRIMARY RESIDENCE. The residential unit in which the operator resides for at least nine months out of a 12-month period. PRIMARY RESIDENCE is demonstrated by showing that as of the date of registration of the residential unit on the short-term rental registry, the operator has resided in the residential unit for nine of the past 12 months or that the operator intends to reside in the residential unit for nine of the next 12 months, as demonstrated by at least two of the following: utility bill, voter registration, motor vehicle registration, deed, lease, driver’s license or state-issued identification or proof of residential exemption.
   REGISTRATION NUMBER. A unique identification number generated for a single residential unit registered as a short-term rental. REGISTRATION NUMBERS shall be valid for the calendar year during which they are assigned, January 1 through December 31, and shall be associated with both a single residential unit and a single operator. The REGISTRATION NUMBER must be included on any listing or advertisement offering a unit as a short-term rental.
   RESIDENTIAL UNIT. A dwelling unit within a dwelling classified as a residential use, as those terms are defined in the Code, but excluding: a congregate living complex; elderly housing; a group residence, limited; a homeless shelter; orphanage; temporary dwelling structure; and transitional housing. The term RESIDENTIAL UNIT shall not include a hotel, motel, executive suite or other non-residential use.
   SHORT-TERM RENTAL(S). The use of a residential unit for residential occupancy by a person or persons for a period of fewer than 28 consecutive calendar days for a fee. A SHORT-TERM RENTAL may or may not be facilitated through a booking agent.
   SHORT-TERM RENTAL REGISTRY. The database maintained by ISD, in conjunction with DoIT, that includes information on operators who are permitted to offer their residential units as short-term rentals. The SHORT-TERM RENTAL REGISTRY may be a stand-alone registry or may be incorporated into the electronic database maintained by ISD pursuant to Subsection 9-1.3, Inspection and Reinspection of Rental Units; provided that the location of the short-term rental with the SHORT-TERM RENTAL REGISTRY shall be made public.
(CBC 1985 9-14.2; Ord. 2018 c. 5 § 1)
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